~ firearms and fermentation

To The Rescue – H562

So I’ve been pouring over H562 in the final version and came across a few glimmers of hope in the final watered down version. Here is the first section:
SECTION 3. G.S. 14‑269.2 is amended by adding a new subsection to read:

“(l)It is an affirmative defense to a prosecution under subsection (b) or (f) of this section that the person was authorized to have a concealed handgun in a locked vehicle pursuant to subsection (k) of this section and removed the handgun from the vehicle only in response to a threatening situation in which deadly force was justified pursuant to G.S. 14‑51.3.“

Basically if you have your firearm on educational property with a concealed handgun permit and the firearm is secured in a locked vehicle you can retrieve it to respond to deadly force. Under the current law you could have the firearm in the car, but you could not legally use it outside the car and could have been subject to prosecution if you did. So if a deranged person came onto campus firing at students and you went and got your firearm and stopped them you still could be charged with having that firearm outside your vehicle on campus. With the new law you would not be charged provided you have the right to use deadly force. It’s a subtle change in the law and a good one which will allow concealed handgun permit holders to potentially protect themselves and others.

One other clarification which is wonderful is how the firearm is handled in the vehicle on campus.

SECTION 2. G.S. 14‑269.2(k) reads as rewritten:

“(k) The provisions of this section shall not apply to a person who has a concealed handgun permit that is valid under Article 54B of this Chapter, or who is exempt from obtaining a permit pursuant to that Article, who if any of the following conditions are met:(1)The person has a handgun in a closed compartment or container within the person’s locked vehicle or in a locked container securely affixed to the person’s vehicle. A person may unlockvehicle and only unlocks the vehicle to enter or exit the vehicle provided while the firearm remains in the closed compartment at all times and immediately locks the vehicle is locked immediately following the entrance or exit.(2)The person has a handgun concealed on the person and the person remains in the locked vehicle and only unlocks the vehicle to allow the entrance or exit of another person.(3)The person is within a locked vehicle and removes the handgun from concealment only for the amount of time reasonably necessary to do either of the following:a.Move the handgun from concealment on the person to a closed compartment or container within the vehicle.b.Move the handgun from within a closed compartment or container within the vehicle to concealment on the person.“

Not having to remove the firearm to a closed container while in the carpool lane is terrific. Hopefully more nuggets such as this lurk within the legislation to be discovered!